This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1125a.EQS
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1125 Interstate Education Compacts
SPONSOR(S): Education Quality Subcommittee, Smith and others
TIED BILLS: HB 1127 IDEN./SIM. BILLS: SB 1446
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 18 Y, 0 N, As CS Wolff Sanchez
2) PreK-12 Appropriations Subcommittee
3) Education & Employment Committee
SUMMARY ANALYSIS
The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact. Interstate
compacts are constitutionally authorized, legislatively enacted, legally binding agreements among states. The
ITMC will allow teachers with an eligible license held in a compact member state to be granted an equivalent
license in another compact member state, lowering barriers to teacher mobility and getting teachers back into
the classroom more seamlessly.
Under the ITMC, a teacher certified in one member state is entitled to receive the closest equivalent
certification in another member state simply by presenting their originating state’s certification and passing any
background screening requirement implemented by the receiving state. Member states are required to share
necessary information, such as certification or discipline history, when certificate holders move between states.
Given the sensitive nature of some of these documents, the ITMC requires that information related to individual
teachers shared between member states remain confidential.
The Interstate Teacher Mobility Compact Commission (commission), made up of the primary administrative
officer of the State Licensing Agency (for Florida, this is the Department of Education) or their designee is
responsible for the administration of the ITMC.
The bill ratifies the ITMC by adopting the model legislation into Florida statute. Once the ITMC is effective,
following ratification by the tenth state, the designated commissioner of each member state will coordinate
implementation of the policies and procedures necessary to effectuate the ITMC.
The bill also updates citations to federal law in the Interstate Compact on Educational Opportunity for Military
Children statute.
The bill has an indeterminate fiscal impact related to annual fees required by the ITMC.
The bill has an effective date of July 1, 2023. STORAGE NAME: h1125a.EQS PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Interstate Licensure Compacts
Generally, interstate licensure compacts are designed to simplify and streamline the process for an
individual licensed in one state to become licensed in another state, so long as both states are
members of the compact. There are currently nine interstate licensure compacts and Florida is a
member of two interstate licensure compacts, specifically, the Nurse Licensure Compact and the
Counseling Compact.
1
Interstate Teacher Mobility Compact
The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact.
Interstate compacts are constitutionally authorized, legislatively enacted, legally binding agreements
among states. The ITMC will allow teachers with an eligible license held in a compact member state to
be granted an equivalent license in another compact member state, lowering barriers to teacher
mobility and getting teachers back into the classroom more seamlessly.
2
The ITMC utilizes a different model than other interstate occupational licensure compacts. Compact
Member states submit licenses that are eligible for the compact and meet a set of criteria outlined in the
legislation. To be eligible, a license must require a bachelor’s degree and completion of a state-
approved program for teacher licensure like a teacher preparation program at a college or university.
Furthermore, for a license to be eligible under the compact it must be unencumbered (i.e., not
restricted, probationary, provisional, substitute or temporary).
3
Teachers holding a compact-eligible license can apply for licensure in another member state and
receive the closest equivalent license without submitting additional materials, taking state-specific
exams or completing additional coursework. Special carveouts were created for some populations in
the compact to support equitable access. Due to the mobility patterns of military spouses, the barriers
to receiving a license that would be considered unencumbered under the compact are much higher.
Teachers meeting the definition of an eligible military spouse will be able to use a temporary or
provisional license for the purposes of the compact. Career and Technical Education Teaching
Licenses often do not require a bachelor’s degree as a requirement for licensure, so the compact
allows these licenses to be considered eligible without that requirement.
4
The model legislation for the ITMC was finalized in the fall of 2022.
5
The ITMC becomes effective once
its model legislation is adopted by ten states.
6
As of March 22, 2023, Colorado and Utah have ratified
the ITMC while 15 additional states have legislation to ratify the ITMC pending.
7
Educator Certification in Florida
1
National Center for Interstate Compacts, State and U.S. Territory Membership in Interstate Licensure Compacts, available at
https://teachercompact.org/wp-content/uploads/sites/28/2023/01/State-Compact-Membership.pdf; see ss. 464.0095 and 491.017, F.S.
2
National Center for Interstate Compacts, Interstate Teacher Mobility Compact, available at https://teachercompact.org/wp-
content/uploads/sites/28/2022/11/ITMC-Overview.pdf.
3
Id.
4
Id.
5
National Center for Interstate Compacts, Interstate Teacher Mobility Compact, https://compacts.csg.org/compact-updates/teaching/
(last visited Mar. 12, 2023).
6
Interstate Teaching Mobility Compact, Interstate Teacher Mobility Compact Model Legislation, p. 15, available at
https://teachercompact.org/wp-content/uploads/sites/28/2023/02/ITMC-Model-Legislation-Updated.pdf.
7
Interstate Teaching Mobility Compact, Compact Map, https://teachercompact.org/compact-map/ (last visited Mar. 12, 2023). STORAGE NAME: h1125a.EQS PAGE: 3
DATE: 3/23/2023
In order for a person to serve as an educator in a traditional public school, charter school, virtual
school, or other publicly operated school, the person must hold a certificate issued by the Florida
Department of Education (DOE).
8
Persons seeking employment at a public school as a school
supervisor, principal, teacher, library media specialist, counselor, athletic coach, or in another
instructional capacity must be certified.
9
The purpose of certification is to require school-based
personnel to “possess the credentials, knowledge, and skills necessary to allow the opportunity for a
high-quality education in the public schools.”
10
The DOE issues three types of educator certificates:
Professional Certificate. The professional certificate is Florida’s highest type of full-time
educator certification.
11
The professional certificate is valid for 5 years and is renewable.
12
Temporary Certificate. The temporary certificate covers employment in full-time positions for
which educator certification is required.
13
Generally, a temporary certificate is valid for 3 years
and is nonrenewable.
14
Athletic Coaching Certificate. The athletic coaching certificate covers full-time and part-time
employment as a public school’s athletic coach.
15
The DOE issues two types of athletic
coaching certificates – one is valid for 5 years and may be issued for subsequent 5-year periods
while the other is valid for 3 years and may be issued only once.
16
The 5-year certificate
requires satisfaction of certain specialization requirements established in rule.
17
In addition, school districts are authorized to issue adjunct teaching certificates to teachers who have
expertise in the subject area to be taught. A school district may issue an adjunct teaching certificate for
a part-time or full-time teaching position. An adjunct teaching certificate issued for a full-time teaching
position is valid for no more than 3 years and is nonrenewable. An adjunct teaching certificate is valid
through the term of the annual contract between the educator and the school district.
18
To be eligible for an educator certificate, a person must:
19
be at least 18 years of age;
sign an affidavit attesting that the applicant will uphold the U.S. and State Constitutions;
8
Sections 1012.55(1) and 1002.33(12)(f), F.S.
9
Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing boards are
authorized to hire non-certified individuals who possess expertise in a given field to serve in an instructional capacity. Rule 6A-
1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists, audiologists, and speech
therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.
10
Section 1012.54, F.S.; see r. 6A-4.001(1), F.A.C.
11
Rule 6A-4.004(3), F.A.C.
12
Section 1012.56(7)(a), F.S.; see rule 6A-4.0051(3)(d), F.A.C. (validity period is expressed as 5 years from July 1 of the school fiscal
year). The DOE also issues a nonrenewable 5-year professional certificate that allows an applicant with a bachelor’s degree in the area
of speech-language impairment to complete a master’s degree in speech-language impairment. Section 1012.56(7)(c), F.S.; rule 6A-
4.004(4), F.A.C.
13
Rule 6A-4.004(1)(a)2., F.A.C.
14
Section 1012.56(7)(e), F.S. (flush-left provisions at end of subsection; validity period is expressed in school fiscal years); rule 6A-
4.004(1)(a), F.A.C. The veteran’s pathway to educator certification authorizes a 5 year nonrenewable temporary certificate. Section
1012.56(7)(e)2., F.S. The DOE also issues a nonrenewable temporary certificate, which is valid for 2 years, in the area of speech-
language impairment. Section 1012.56(7)(c), F.S.
15
Section 1012.55(2)(a), F.S.
16
Rule 6A-4.004(5), F.A.C. (validity periods expressed in school fiscal years).
17
See r. 6A-4.0282, F.A.C.
18
Section 1012.57(1) and (4), F.S. An additional annual certification and an additional annual contract may be awarded by the district
at its discretion only if the adjunct teacher is rated effective or highly effective during each year of teaching under the adjunct
certification. Section 1012.57(4), F.S.
19
Section 1012.56(2)(a)-(f), F.S. STORAGE NAME: h1125a.EQS PAGE: 4
DATE: 3/23/2023
earn a bachelor’s or higher degree from an accredited institution of higher learning
20
or from a
nonaccredited institution identified by the DOE as having a quality program resulting in a
bachelor’s or higher degree;
21
submit to fingerprinting and background screening and not have a criminal history that requires
the applicant’s disqualification from certification or employment;
be of good moral character; and
be competent and capable of performing the duties, functions, and responsibilities of a teacher.
In addition, each applicant must submit an application and the required fee to the DOE.
22
There are currently more than 50 certificate subject areas or coverages recognized by the DOE.
23
Reciprocity for Out-of-state Teacher Certification in Florida
Full reciprocity is granted to educators who hold a valid professional standard teaching certificate for a
subject area issued by another state or the National Board for Professional Teaching Standards
(NBPTS).
24
These individuals are deemed to have met the requirements for Florida professional
certification, including mastery of general knowledge, subject area knowledge, and professional
preparation and education competence.
25
Partial reciprocity is granted to educators who hold American Board for Certification of Teacher
Excellence (ABCTE) certification. ABCTE certification satisfies all requirements for a professional
certificate, except the professional education competence demonstration requirement. Individuals who
hold this certification must complete a professional education competence demonstration program.
26
Individuals who hold an out-of-state, NBPTS, or ABCTE certificate must apply for a Florida professional
certificate. In each case, the certificate must be comparable to the Florida professional certificate and
require the same or higher level of academic preparation as the Florida subject area certification
requires.
27
Interstate Compact on Educational Opportunity for Military Children
Background
Children in active-duty military families face unique educational challenges. The average military child
transfers to a different state or school district six to nine times during kindergarten through grade 12.
28
When a parent is reassigned, military children may be impacted by:
Record transfer issues.
20
Section 1012.56(2)(c), F.S.; rule 6A-4.003(1), F.A.C. (approved accrediting agencies); see also 34 C.F.R. ss. 602.1-602.50; U.S.
Department of Education, Institutional Accrediting Agencies,
https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional (last visited Mar. 13, 2023) (list of
accrediting agencies approved by the U.S. Department of Education).
21
Section 1012.56(2)(c), F.S.; rule 6A-4.003(2), F.A.C. (criteria for approval of nonaccredited institutions of higher learning). For
initial certification, an applicant must attain at least a 2.5 overall grade point average on a 4.0 scale in the applicant’s major field of
study. Section 1012.56(2)(c), F.S.
22
Section 1012.56(1), F.S.; see s. 1012.59, F.S. The fee for initial certification is $75 per subject area. Rule 6A-4.0012(1)(a)1. and 2.,
F.A.C.
23
See Florida Department of Education, Florida Certificate Subjects, http://www.fldoe.org/teaching/certification/certificate-subjects/
(last visited Mar. 12, 2023).
24
Section 1012.56(6)(c)-(d), F.S.; see rules 6A-4.002(1)(i)-(j) and 6A-4.003(2), F.A.C. (flush-left provisions following paragraph
(2)(e)); Florida Department of Education, Reciprocity for Out-of-State Teachers and Administrators,
http://www.fldoe.org/teaching/certification/pathways-routes/certified-teacher-or-administrator.stml (last visited Mar. 13, 2023).
According to the DOE, 31 NBPTS certification subject area coverages currently align with Florida coverages.
25
Section 1012.56(3)(b)-(c), (5)(e)-(f), and (6)(c)-(d), F.S.; rule 6A-4.002(1)(i)1. and (j), F.A.C.
26
Section 1012.56(6)(f), F.S.
27
See Rule 6A-4.002(1)(i) and (j), F.A.C.
28
National Military Family Association, Frequent Moves Take Their Toll on Military Kids, https://www.militaryfamily.org/frequent-
moves-milkids/ (last visited Mar. 13, 2023). STORAGE NAME: h1125a.EQS PAGE: 5
DATE: 3/23/2023
Varied course sequencing and academic placement policies.
Varied graduation requirements.
Exclusion from extracurricular activities.
Redundant or missed entrance or exit testing.
Varied kindergarten and first grade entrance ages.
The need to appoint temporary guardians while the child’s parent is deployed.
29
The Interstate Compact on Educational Opportunity for Military Children (ICEOMC) assists member
states in uniformly addressing educational transition issues faced by active-duty military families. The
Compact governs member states in several areas, including school placement, enrollment, records
transfer, participation in academic programs and extracurricular activities, and graduation. The
Compact was developed by the Council of State Governments, in cooperation with the U.S.
Department of Defense.
30
Children of active duty military, National Guard members on active duty orders, reservists on active
duty orders, National Oceanic and Atmospheric Administration commissioned officers, U.S. Public
Health Service commissioned officers, and veterans who are medically discharged or retired for one
year are eligible for assistance under the Compact. The Compact also covers children of those who
perish on active duty for a period of one year following their death.
31
States join the Compact by enacting it into law, which Florida did in 2008.
32
Ten states must enact the
Compact before it can take effect and be binding on member states. This occurred when Delaware
became the tenth state to adopt the Compact on July 9, 2008.
33
Currently, all 50 states and the District
of Columbia are Compact members.
34
The Compact establishes an Interstate Commission on Educational Opportunity for Military Children
(Commission) to provide national-level oversight of the Compact. The Commission may adopt and
enforce rules and bylaws and perform various administrative functions necessary for day-to-day
operation.
35
The Commission comprises one voting representative, or Compact Commissioner, from
each member state. Each state is entitled to one vote on Compact rule adoption or other business
matters.
36
The Commission must meet at least once per year.
37
Compact Rule Adoption
The Commission is authorized to promulgate Compact rules which govern member states in areas
addressed by the Compact. These rules have the force and effect of statutory law in member states
and supersede conflicting member state laws to the extent of the conflict.
38
The rules may not exceed
the scope of authority granted by the Compact. A majority of member state legislatures may invalidate
a Compact rule by legislative action.
39
29
Council of State Governments, Interstate Compact on Educational Opportunity for Military Children (2010), available at
https://www.ncsl.org/documents/environ/NArflack72510.pdf.
30
Department of Defense Education Activity, The Interstate Compact on Educational Opportunity for Military Children Fact Sheet
for Service Providers (2015), available at https://www.dodea.edu/Partnership/upload/InterstateCompactToolKit-OOreview-
15June2015.pdf.
31
Council of State Governments, Background, http://www.mic3.net/background.html (last visited Mar. 13, 2023).
32
Ch. 2008-225, Laws of Fla.; codified at ss. 1000.36, 1000.37, 1000.38, and 1000.39, F.S.
33
Article XV, s. B. of the Compact, s. 1000.36, F.S.; 76 Del. Laws 327 (2008).
34
Military Interstate Children’s Compact Commission, Interactive Map, http://www.mic3.net/interactive-map.html (last visited Mar.
13, 2023).
35
Article X, of the Compact, s. 1000.36, F.S.
36
Article IX, s. B. of the Compact, s. 1000.36, F.S.
37
Article IX, s. D. of the Compact, s. 1000.36, F.S.
38
Article X, s. B. and XVIII, s. B. of the Compact, s. 1000.36, F.S.
39
Article XII of the Compact, s. 1000.36, F.S. STORAGE NAME: h1125a.EQS PAGE: 6
DATE: 3/23/2023
Florida’s Compact legislation requires automatic repeal of the Compact after a period of time unless
reauthorized by the Legislature.
40
The repeal provision addresses concerns regarding the delegation of
legislative authority in possible conflict with article II, s. 3, of the Florida Constitution.
41
Because
membership in the Compact entails an agreement to be bound by rules promulgated by the
Commission, a non-legislative entity, the repeal provision allows the Legislature to periodically review
Compact rules and determine whether any new rules or rule amendments adopted during the
intervening period are acceptable. The Compact rules were last amended in 2018.
42
State-Level Management of the ICEOMC
Each member state in the Compact must coordinate all relevant governmental entities to advise the
state’s compliance with and participation in the Compact through a state council or similar body.
43
Membership of the state council must include the state superintendent of education, a superintendent
of a school district with a high concentration of military children, a representative from a military
installation, and one representative each from the legislative and executive branches of government.
44
In Florida, the State Council on Interstate Educational Opportunity for Military Children, provides advice
and recommendations regarding Florida’s participation in and compliance with the Compact.
45
The
council comprises seven members, including the Compact Commissioner and Military Family Liaison,
who are ex officio nonvoting members appointed by the Governor.
46
The five voting members include:
The Commissioner of Education or his or her designee.
Two members appointed by the Commissioner of Education, including a representative of a
military installation located in Florida and a representative from the executive branch who
possess experience in assisting military families in obtaining educational services for their
children.
The superintendent for the school district with the highest percentage per capita of military
children during the previous school year or his or her designee.
One member jointly appointed by the Speaker of the House of Representatives and the
President of the Senate.
47
Each member state under the ICEOMC owes the Commission an annual fee. Dues are calculated
using the number of children, ages 5-18, of active service members multiplied by the rate of $1.15. The
total number of children of active duty personnel in Florida for fiscal year 2021 was 38,761, resulting in
dues owed of $44,575.
48
In 2022, the Legislature extended the ICEOMC, the date for automatic repeal is not July 1, 2025.
Additionally, the Legislature added an additional member to the ICEOMC state council, to be jointly
appointed by the Speaker of the House and the President of the Senate.
Effect of Proposed Changes
Adoption of ITMC Model Legislation
40
See, e.g., s. 1, ch. 2019-7, L.O.F.; codified at s. 1000.40, F.S.
41
Article II, s. 3 of the Florida Constitution provides for separation of powers among the executive, legislative, and judicial branches
of state government. Courts construing this provision have held that the Legislature, when delegating the administration of legislative
programs to executive agencies or other entities, must establish minimal standards and guidelines ascertainable by reference to the
legislation creating the program. See Avatar Development Corp. v. State, 723 So.2d 199 (Fla. 1998).
42
See Military Interstate Children’s Compact Commission, Interstate Compact on Educational Opportunity for Military Children:
Compact Rules (2021), at 2, available at https://mic3.net/wp-content/uploads/2021/05/Rules-Book-Edits-
20190905_ HYPERLINK.pdf.
43
32 CFR s. 89.3
44
Id.
45
Section 1000.39, F.S.
46
See ss. 1000.38 and 1000.39(3)(e), F.S.
47
Id.
48
Military Interstate Children’ Compact Commission, MIC3 FY2021 Proposed Dues, available at https://mic3.net/wp-
content/uploads/2020/09/Dues_FY2021-FINAL.pdf. STORAGE NAME: h1125a.EQS PAGE: 7
DATE: 3/23/2023
The bill creates a new section of law to implement the ITMC model legislation. The model legislation is
comprised of 13 articles as set forth below.
Article I: Purpose
The purpose of this ITMC is to facilitate the mobility of teachers across the member states, with the
goal of supporting teachers through a new pathway to licensure. The ITMC will:
Create a streamlined pathway to licensure mobility for teachers;
Support the relocation of Eligible Military Spouses;
Facilitate and enhance the exchange of licensure, investigative, and disciplinary information
between the Member States;
Enhance the power of state and district level education officials to hire qualified, competent
teachers by removing barriers to the employment of out-of-state teachers;
Support the retention of teachers in the profession by removing barriers to relicensure in a new
state; and
Maintain state sovereignty in the regulation of the teaching profession.
Article II: Definitions
This article establishes the definitions of key terms as used throughout the ITMC, to alleviate confusion
on the part of practitioners and jurisdictions.
Article III: Licensure Under the ITMC
This article describes the model of licensure reciprocity and the responsibilities of member states in
effectuating the ITMC. It also highlights the upholding of state sovereignty and the narrow scope of the
ITMC in its effect on state licensing policy. Member states must submit a list of eligible licenses that the
state will grant in accordance with the ITMC to licensees coming from other ITMC member states.
The requirements for a license to be eligible are as follows:
Requirements for licensure include a bachelor’s degree;
Requirements for licensure include a state-approved program for teacher licensure; and
The license is not a restricted, probationary, provisional, substitute or temporary credential.
Teachers coming from one ITMC member state to another will be granted, upon their application, the
closest equivalent eligible license to the one currently held. The receiving state may determine that
there is no equivalent eligible license. This article also outlines population-specific carveouts as follows:
Eligible Military Spouses may exchange licenses that are probationary or provisional; and
Career and Technical Education Teachers licenses that do not require a bachelor’s degree may
be considered eligible.
Article IV: Licensure Not Under the ITMC
This article provides specific cases within the operation of the ITMC for which states maintain authority.
Specifically, States may impose additional state-specific requirements at the point of renewal or may
require additional documentation and information to place teachers on a state salary schedule.
Additionally, states maintain ownership of licensee data and information and existing agreements
between states that include licensure reciprocity or benefits to out-of-state teachers are not superseded
by the ITMC.
Article V: Teacher Qualifications and Requirements for Licensure Under the ITMC
This article outlines requirements for a teacher to utilize the ITMC to receive an equivalent license in a
member state. Those are as follows: STORAGE NAME: h1125a.EQS PAGE: 8
DATE: 3/23/2023
Except as provided for eligible military spouses, a teacher may only be eligible to receive a
license under this ITMC where that teacher holds a valid, unencumbered license in a member
state.
Upon their application to receive a license under this ITMC, a teacher must undergo a criminal
background check in the receiving state in accordance with the laws and regulations of the
receiving state; and
A teacher must provide the receiving state with information in addition to the information
required for licensure for the purpose of determining compensation, if applicable.
Article VI: Discipline or Adverse Actions
This article states that discipline authority remains with the member states and their respective practice
laws. Member states are authorized and required to provide files and information regarding
investigation and discipline of teachers. Member states are required to communicate the intention for
disclosure and protect any shared information.
Article VII: Establishment of the ITMC Commission
This article outlines the composition and powers of the ITMC commission and executive committee.
The ITMC is not a waiver of sovereign immunity. Under the terms of the ITMC, each member state is
entitled to exactly one commissioner, who is the primary administrative officer of the state licensing
authority or their designee, and each commissioner has one (1) vote on commission rules and bylaws.
The commission has the following authority under the ITMC:
establish a term of office, code of ethics, bylaws, rules, a budget and financial records in order
to carry out the ITMC; and
elect an executive committee composed of eight delegates.
All commission meetings shall be open to the public unless confidential or privileged information must
be discussed.
Article VIII: Rulemaking
Rules carry the force of law in all member states. A simple majority of member state legislatures may
veto a rule of the commission. If the commission takes an action that is beyond the scope of the ITMC,
the action is invalid and has no force and effect.
Article IX: Facilitating Information Exchange
This article requires that the commission provide facilitating the information exchange required for the
administration of the ITMC and reiterates that the ITMC does not limit or inhibit a member state’s ability
to maintain ownership of its licensure data.
Article X: Oversight, Dispute Resolution, and Enforcement
This article ensures compliance with the ITMC by member states. The procedures to be followed in the
event of a failure by a member state to comply with the ITMC include:
A period of technical assistance in remedying the situation;
Dispute resolution, including mediation and binding processes; and
Termination from the ITMC if no other means of compliance is successful.
The commission shall attempt to resolve any ITMC-related disputes that may arise between states.
Article XI: Effectuation, Withdrawal, and Amendment
The ITMC takes effect on the date of enactment by the tenth state. States that join the ITMC before the
first convening of the commission (Charter Member States) shall determine that States that join after STORAGE NAME: h1125a.EQS PAGE: 9
DATE: 3/23/2023
this date are subject to the rules of the commission as they exist on the date when the ITMC becomes
law in that state. Member states may enact a law to repeal their membership in the ITMC. A state’s
withdrawal takes effect 6 months after enactment of such law. The ITMC may be amended by every
member state enacting the amendment into law.
Article XII: Construction and Severability
The ITMC is to be liberally construed to effectuate its purposes. The ITMC’s provisions are severable,
meaning that:
If a provision is declared to conflict with the United States constitution, all other provisions
remain valid for all member states, and
If a provision is held contrary to a member state’s constitution, the ITMC retains its full force in
all other states, and all other provisions remain valid in the affected state
Article XIII: Consistent Effect and Conflict with Other State Laws
This article reiterates that teachers are subject to the scope of practice of the state in which they are
practicing. It also reiterates that rules and bylaws of the commission are binding on member states.
According to legal precedent, if a conflict exists between a state law and the ITMC, the state law is
superseded to the extent of the conflict.
ICEOMC
The bill updates citations to federal law within the ICEOMC statute.
B. SECTION DIRECTORY:
Section 1: Creates s. 1012.993, F.S., creating the Interstate Teacher Mobility Compact; providing
purpose and definitions for the compact; providing requirements for the licensure of
teachers in member states who hold specified licenses in other member states;
providing requirements for teachers who are licensed in one member state to become
licensed in another member state, including career and technical education teachers;
providing requirements for licensed teachers who are also eligible military spouses;
providing requirements for the renewal of such licenses in the member state a teacher
transferred his or her license to; providing applicability; authorizing member states to
require additional information for the purpose of determining teacher compensation;
providing construction; providing requirements a teacher must meet for licensure in a
member state; providing requirements for the investigation or imposition of disciplinary
measure and adverse actions for teachers; providing for the sharing and protection of
certain information between member states; establishing the Interstate Teacher Mobility
Compact Commission; providing purpose of the commission; providing requirements for
the membership and meetings of the commission; providing for the removal or
suspension of commissioners; providing requirements, powers, and duties of the
commission; authorizing the commission to adopt bylaws and rules; establishing the
executive committee of the commission; providing for the membership and meetings of
the committee; providing the duties and responsibilities of the committee; providing
meeting requirements for the commission; requiring the commission to keep specified
records and minutes; requiring the commission to pay specified expenses; authorizing
the commission to accept specified donations and grants; prohibiting the commission
from incurring specified obligations; providing specified immunity to certain individuals;
providing exceptions; requiring the commission to defend specified individuals under
certain circumstances; requiring the commission to indemnify certain individuals;
providing exceptions; providing requirements for the rules of the commission; providing
requirements for the exchange of specified information between member states;
providing requirements for the oversight of the commission and member states;
providing for the resolution of disputes through specified means, including specified
judicial proceedings; requiring courts and administrative agencies of member states to
take specified actions; providing requirements for the commission and member states for STORAGE NAME: h1125a.EQS PAGE: 10
DATE: 3/23/2023
member states that have defaulted in their performance of compact requirements;
providing requirements for notifications to such member states; providing requirements
for member states who fail to cure such defaults; providing requirements for the
termination of the compact for such member states; providing requirements for member
states whose participation in the compact is terminated; providing commission and
member state requirements relating to the resolution of certain disputes; providing
requirements for the compact to take effect; providing requirements for the effect of
certain rules and bylaws on member states; providing requirements for member states to
withdrawal from the compact; providing for construction and severability of the compact;
providing for the consistent application of the compact in member states; providing that
certain agreements are binding.
Section 2: Amends s. 1000.36, F.S.; updating a cross-reference within the Interstate Compact on
Educational Opportunity for Military Children.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments, infra.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill has an indeterminate fiscal impact regarding compliance with the requirements of the ITMC,
including annual fees for participation.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
STORAGE NAME: h1125a.EQS PAGE: 11
DATE: 3/23/2023
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 22, 2023, the Education Quality Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The amendment was a technical amendment to correct a misspelled
word in the bill.
The bill analysis is drafted to the committee substitute adopted by the Education Quality Committee.